Interpretation of the Supreme People's Court concerning the “Civil Procedure Law of the People's Republic of China” (Excerpts)

From: 清华大学法学院《中国商事仲裁法律汇编》 Updated: 2015-01-30

Fashi [2015] No. 5, adopted at the 1,636th Meeting of the Judicial Committee of the SPC on December 18, 2014, effective as of January 30, 2015.

Article 27 Where a party concerned fails to file a lawsuit or apply for arbitration within the statutory time period after applying for pre-litigation preservation, a lawsuit filed against the resulting losses caused to the respondent or an interested party shall be governed by the people's court that takes the preservation measures.

Where a party concerned files a lawsuit or applies for arbitration within the statutory time period after applying for pre-litigation preservation, a lawsuit filed by the respondent or an interested party against the losses suffered due to preservation measures shall be governed by the people's court that accepts the lawsuit or the people's court that takes the preservation measures.

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Article 93 A party need not provide evidence for the following facts:

(1) Natural laws and theorems.

(2) Facts known to all.

(3) Facts deduced from legal provisions.

(4) Facts established on the basis of known facts and daily life experience.

The facts mentioned in items (2) through (4) shall be excluded if the party has contrary evidence which suffices to refute, and the facts mentioned in items (5) through (7) shall be excluded if the party has contrary evidence which suffices to overturn.

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Article 215 Pursuant to Item (2) of Article 124 of the Civil Procedure Law, where the parties concerned already have an arbitration clause in their written contract, or have reached a written arbitration agreement after disputes occur, the competent people's court shall inform the plaintiff who files a lawsuit thereto to apply for arbitration to the relevant arbitration institution, and shall render a ruling on non-acceptance of the lawsuit if the plaintiff insists on filing the lawsuit, except where the arbitration clause or arbitration agreement is not established, is invalid, has lapsed or is unenforceable due to ambiguous contents.

Article 216 Before the commencement of the first court session, if the defendant to a civil case raises objections to the acceptance of the civil case on the ground of having a written arbitration agreement, the competent people's court shall conduct review.

Where any of the following circumstances is found upon review, the competent people's court shall render a ruling to dismiss the filing of the lawsuit:

(1) Where the relevant arbitration institution or a competent people's court has confirmed the validity of the arbitration agreement;

(2) Where the parties concerned have not raised any objection to the validity of the arbitration agreement prior to the commencement of the first hearing session by the relevant arbitral tribunal; or

(3) Where the arbitration agreement meets the requirements of Article 16 of the Arbitration Law, and does not fall under any of the circumstances prescribed by Article 17 thereof.

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Article 325 Under any of the following circumstances, the threshold of grave violation of statutory procedures as prescribed by Item (4) of Paragraph 1 of Article 170 of the Civil Procedure Law may be deemed as being reached:

(1) Where the composition of the judicial organization is unlawful;

(2) Where a judicial officer who shall abstain has not abstained;

(3) Where a person without litigation capacity fails to have his/her legal representative to participate in litigation proceedings on his/her behalf; or

(4) Where the parties concerned are deprived of their rights to debate in violation of the law.

Article 393 For the purpose of Item (12) of Article 200 of the Civil Procedure Law, legal instruments shall include:

(1) A legally binding written judgment, written ruling or mediation statement;

(2) A legally binding arbitration award; and

(3) A notarized instrument on creditors' rights that is enforceable by compulsory means.

21 Enforcement Procedures

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Article 477 Where certain matters contained in an arbitration award rendered by an arbitration institution fall under any of the circumstances prescribed by Paragraph 2 or Paragraph 3 of Article 237 of the Civil Procedure Law, the competent people's court shall render a ruling on the non-enforcement of such matters.

Where the matters that shall not be enforced are inseparable from the remaining matters, the people's court shall render a ruling on the non-enforcement of the entire arbitration award.

Article 478 Pursuant to Paragraph 2 or Paragraph 3 of Article 237 of the Civil Procedure Law, after the competent people's court has rendered a ruling on the non-enforcement of an arbitration award, if a party concerned raises objections against enforcement on, or applies for reconsideration of, the said ruling, the competent people's court shall not accept such objections or reconsideration application. The parties concerned may reach a new written arbitration agreement in respect of the civil disputes in question to re-apply for arbitration, or may bring a lawsuit to a people's court.

Article 479 During enforcement proceedings, the activities by the enforcee concerned to use arbitration proceedings to affirm a party not involved in the case at hand as the right holder of the assets sealed up, seized or frozen by the competent people's court or to divide such assets to a party not involved in the case at hand shall not affect the enforcement proceedings of the people's court.

A party not involved in the case at hand may raise objections, if any, pursuant to Article 227 of the Civil Procedure Law.

Article 481 A party concerned that intends to request for the non-enforcement of an arbitration award or notarized instrument on creditors' rights shall make the request to the relevant court of enforcement prior to the completion of enforcement proceedings.

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Article 531 The parties to disputes over a foreign-related contract or other foreign-related property rights and interests may reach written agreements to select any of the following foreign courts as the competent court: the foreign court at the domicile of the defendant, the foreign court in the place where the contract in dispute is performed or signed, the foreign court at the domicile of the plaintiff, the foreign court at the locus of the subject matter, the foreign court at the place of infringement, or any other foreign court in a place that has actual connection to the disputes in question.

Pursuant to Article 33 and Article 266 of the Civil Procedure Law, the parties to a case that falls under the exclusive jurisdiction of the courts of the People's Republic of China may not select a foreign court as the competent court by agreement, provided that they may select arbitration by agreement.

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Article 540 To apply to the competent people's court for enforcement of an arbitration award rendered by a foreign-related arbitration institution of the People's Republic of China, the relevant applicant shall submit a written application, and attach thereto the original of the written arbitration award. If the applicant is a foreign party, the written application shall be submitted in Chinese.

Article 541 When the competent people's court takes compulsory measures to enforce an arbitration award rendered by a foreign-related arbitration institution, if the enforcee concerned raises defense on the ground of the existence of any of the circumstances prescribed by Paragraph 1 of Article 274 of the Civil Procedure Law, the people's court shall review the enforcee's defense, and render a ruling on enforcement or non-enforcement according to review results.

Article 542 Pursuant to Article 272 of the Civil Procedure Law, if a foreign-related arbitration institution of the People's Republic of China submits the application for preservation by a party concerned to the competent people's court for a ruling thereon, the people's court may review the said application, and render a ruling on whether to take preservation measures. The people's court shall order the applicant to provide guarantee if it renders a ruling to take preservation measures, and shall render a ruling to dismiss the application if the applicant fails to provide guarantee.

An applicant that applies for the preservation of evidence is not required to provide guarantee if upon review the people's court is of the opinion that no guarantee needs to be provided.

Article 545 Where a party to an arbitration award that is rendered by a temporary arbitration tribunal outside the territory of the People's Republic of China applies to a people's court for recognition and enforcement of the same, the people's court shall handle the application in accordance with Article 283 of the Civil Procedure Law.

Article 546 Where a legally binding judgment/ruling rendered by a foreign court or a foreign arbitration award needs to be enforced by a court of the People's Republic of China, the party concerned shall first apply to the competent people's court for recognition of the said judgment/ruling or arbitration award. The people's court shall enforce the said judgment/ruling or arbitration award pursuant to Part 3 of the Civil Procedure Law after rendering a ruling to recognize the same upon review.

Where a party concerned only applies for recognition of a legally binding judgment/ruling rendered by a foreign court or a foreign arbitration award, and does not apply for enforcement at the same time, the competent people's court shall only review, and render a ruling on, whether to recognize the said judgment/ruling or arbitration award.

Article 547 The time period for a party concerned to apply for recognition and enforcement of a legally binding judgment/ruling rendered by a foreign court or a foreign arbitration award shall be governed by Article 239 of the Civil Procedure Law.

Where a party concerned only applies for recognition of a legally binding judgment/ruling rendered by a foreign court or a foreign arbitration award, and does not apply for enforcement at the same time, the period for applying for enforcement shall be re-calculated from the date when the ruling rendered by the people's court on the recognition application comes into effect.

Article 548 A people's court shall form a collegiate panel to review a case for recognition and enforcement of a legally binding judgment/ruling rendered by a foreign court or a foreign arbitration award.

The people's court shall serve the written application on the respondent who may state its opinions.

The ruling rendered by the people's court upon review shall come into legal effect once served.

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.